1
results found in
73 ms
Page 1
of 1
9 May 1805
Evidence
Introd
Ch Sinister End
homologation
Non. promulgation
In days of yore /In the early ages of society, Fraud practiced /worked at/ her arts stark naked /without a cover/, naked as our first parents, and like them /our first parents/ too not ashamed. In the pretended virtuous age of Roman history, the man of law beholding in the invisibility of the rule of action the source of unbounded power and profit to himself, locked it up /kept it locked/ without [...?]. In the legal form /validity/ binding form/ of contracts he saw one of those necessary bonds without which political surety could not be kept together:the validity of all contracts he contrived to render dependent, (such was the cullibility of the barbarians he had to deal with) on their conformity to /the connection of those engagements with/ different scraps[?] of nonsense, the tenor of which being a [...?] in his custody was preserved or varied at his pleasure.
In England once upon a time suppose the Speaker, suppose instead of sending a Statute to the press for publication, keeps it under lock and key in his own house, selling a sight of it for the best price that can be got, and putting words into it, or striking[?] words out of it, as he and his customers can agree. In depth of policy as well as honesty the practice thus fabled for the purpose of illustration would be the exact counterpart of the practice of the man of law in the best /brightest/ days of Roman jurisprudence.
In Rome a sad mishap beset the profession: In an evil[?] a thief got in, and stole the book of forms: all hands, the few hands that could write, were set to work at copying them: it was as if, pursuing the fable a pirate had broken into the Speakers house, carried off the Parliament Rule /sacred parchment/ and committed the contents of it to the press.
The distress suffered /damage sustained/ by the profession is easier imagined than described /calculated/: but the mischief was not of long continuance. The stolen forms were /nonsense was/ cried[?] down: fresh nonsense was manufactured in the room of it. the distress was like that of an Admiral whose signal book has been captured: the remedy was the same.
Similar Items
-
Title: [3 June 1805 Evidence Introd]Description: 3 June 1805 Evidence Introd. Ch. Means ' 2. Laws concealed '' 2. Maxim 1. Keep the rule of action in the dark. Keeping the rule of action in the dark was the capital article of [...?] urged by Protestants against Catholics. In the matter of religion, the reasons pleaded in justification, the force[?], were if not preponderant, at least by no means to be despised /not destitute of plausibility, or even stronger/. [marginal note: not to speak of Egyptian, Hindus, Lam[?], and other mystical religions.] On the ground of law, these reasons are altogether without application. Yet on this ground the endeavour has been little less strenuous than on the other. In the origin of political communities /states/, the combat of force and fraud fills up the little time which the care /case/ of defence against destruction from without /foreign hostility/, leaves to spare. As the one or the other happens to prevail, the constitution takes its line. The Force could it but be exerted with consent, physical force being the prerogative of the many, fraud is the recourse and instrument of the few. In the early days of Roman jurisprudence, the monopoly of leisure and literature, such as leisure and literature was in these days, thence into the hands of the Patricians, in manner already mentioned, the monopoly of judicature. [marginal note: Supra Ch. False Heads] In those days whatever other vices might have been abundant, hypocrisy was scarcely among the number. (Virtue[?] had as yet scarce learnt to extend its signification beyond the [...?] of courage.) (Men spoke plainly at least, howsoever coarsely.) Patricinus. In this book, this second volume, are the rules by which we intend to conduct ourselves in disposing[?] of your lives and fortunes[?]. Platinus. Good: let us look at it there there. Patricinus. No: that you shan't. While the dispute was going on a plebian stole a copy of this precious book, published it, and got good payment for it. What was to be done? Learned gentlemen cried down this book, and made another, like an Admiral of modern times, who when the enemy have captured his book of signals, sits down with his secretary and contrives /makes/ a set of fresh ones.
-
Title: [23 June 1805 Evidence Introd]Description: 23 June 1805 Evidence Introd Ch. Non-Notoriety ''.3 Contracts ''. Non-Notoriety in regard to the law of Contracts A particular mischief resulting from non-notoriety attaches upon the law of Contracts: under which, for the present purpose at least, may be understood /comprized/, testaments, and consequences, as well as obligatory arguments and promise. A contract is a particular law, to which in so far as the validity of it is admitted, the legislator lends his sanction. a law in regard to which the initiative power resides in the individual, and which the legislator, so far as he allows the validity of it, and thereby lends the force of the judicial power to provide for the execution of it, confirms and makes his own /adopts as if it were his own/. Two authors at the least may accordingly be seem contributing to the formulation of each such law: the contracting party or parties, the instant or [...?] author or authors; the legislator the [...?]. (a) Contracts taken in the aggregate being necessary [...?] to the well-being (such as buying and selling) [...?] (such as marriage) to the very being of society, are generally perceived and understood to be so: and moreover in every civilized community the enforcement of them, by the hand of law, is matter of universal observation to every body. Being the difference between jurisprudential and statutory law (of which in its place) The state of things is therefore in this respect exactly as it would be if in every community a law in these precise words existed and was universally known to exist. Saving particular exceptions whatever contracts are really made, shall be faithfully observed. As every thing that is dear to them comes occasionally to depend upon the faithful fulfilment of those obligations which it is the object of these instruments respectively to impose, men are in the habit of trusting in this way any thing that is dear to them to the good faith of the legislator and his subordinate the Judge. Note (a) This nomenclature has been already applied to the subject; but confined to the single and comparatively narrow case, of this species of contracts, viz: conveyances which are called foundations.
-
Title: [1831 July 13 Parliamentary Candidates]Description: 1831 July 13 Parliamentary Candidates’ Declaration Education *1 Sowing in the words of lilyunt[?] in the crude[?] the seeds of wars[?] and ill will to all men but a few and of envy malice and all […?] V. Universalisation of Education promised Application of useful knowledge to the mind at an early part of life /stage in the career/, constitutes one part, and that the principal of the process known by the general name of Education. Under this, considered as a separate head /an additional con[?]/ little will accordingly have to be said. He who by any such indirect and insidious means act[?] only[?] to force upon others his own persuasion or the profession of it is many[?] like all the rest of the constituents[?] to choose[?] all those by any of whose opinions different from those in question was[?] only[?], by the exclusion thus sought to be put upon from the trust in question: to those who share with him in let[?] his persuasion[?] or profession, by lower than with estimates of all friends to discern[?] tyrant[?] […?] Of the cares that belong to this beast, one of the most important is – that be the institutions established for the purpose[?] what they may, no individual on the score of any persuasion respecting religion be excluded /deterred/ from a participation whatsoever benefit may be derivable from them That accordingly in any /no[?]/ and every School or other seat and source of instruction, specially applied to the instruction of Youth, religion in any of its forms shall be taken for the subject of /included in the matter[?] of/ instruction: but that all instruction belonging to that all-important subject be left to each such persons Parents and Guardians /to the care of Parents and Guardians/ the free choice of each person’s Parents and Guardians aided by the Societies instituted by the several Sects for the propagation of their respective tenets and opinions As a tax upon the instruments /matter/ of knowledge is a prohibition of the use of them to all who are not able to pay the tax, so, a condition annext to the faculty of seeing[?] how[?] matter of knowledge, is a prohibition of the use of it to all who by persuasion or profession on the subject or religion are prohibited[?] from the acceptance of the benefits whether undertaken[?] to confer.
1
results found.
Page 1
of 1